Chapter IV§12–26
Part III — Marriages solemnized by Ministers of Religion licensed under this Act
The 15-section workflow for marriages before a licensed Minister of Religion. One party files a §12 notice with the Minister, who publishes it (§13) — or forwards to the Marriage Registrar where the venue is a private dwelling (§14) or one party is a minor (§15). After a four-day waiting period the Minister issues a §17 certificate (longer in minority cases under §22), provided a §18 declaration has been made, parental/guardian consent under §19 is in place, and no §20 prohibition is pending. Minor-protective provisions (§§21, 22), Indian-Christian language safeguards (§23), the §24 certificate form and the §25 solemnisation procedure (two witnesses minimum) follow. §26 voids the certificate if the marriage is not solemnised within two months.
15 sections · MVP coverage
Notice of intended marriage
One party gives the Minister written Schedule-I notice listing both parties' names, profession, dwelling-place, length of residence and intended marriage venue.
Notice of intended marriage.—Whenever a marriage is intended to be solemnized by a Minister of Religion licensed to solemnize marriages under this Act— one of the persons intending marriage shall give notice in writing, according to the form contained in the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires to solemnize the marriage, and shall state therein— (a) the name and surname, and the profession or condition, of each of the persons intending marriage, (b) the dwelling-place of each of them, (c) the time during which each has dwelt there, and (d) the church or private dwelling in which the marriage is to be solemnized: Provided that, if either of such persons has dwelt in the place mentioned in the notice during more than one month, it may be stated therein that he or she has dwelt there one month and upwards.
Publication of such notice; Return or transfer of notice
If the chosen church falls within the Minister's officiating area he must affix the notice conspicuously; otherwise he either returns the notice or transfers it to a Minister entitled to officiate.
Publication of such notice.—If the persons intending marriage desire it to be solemnized in a particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.
Return or transfer of notice.—But if he is not entitled to officiate as a Minister in such church, he shall, at his option, either return the notice, to the person who delivered it to him, or deliver it to some other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.
Notice of intended marriage in private dwelling
Where the venue is a private dwelling, the Minister forwards the §12 notice to the district's Marriage Registrar, who affixes it in his office.
Notice of intended marriage in private dwelling.—If it be intended that the marriage shall be solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some conspicuous place in his own office.
Sending copy of notice to Marriage Registrar when one party is a minor
If either party is a minor and the Minister has not returned the notice under §13 within 24 hours, he must post a copy to the district's Marriage Registrar (or Senior Marriage Registrar).
Sending copy of notice to Marriage Registrar when one party is a minor.—When one of the persons intending marriage is a minor, every Minister receiving such notice shall, unless within twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one Registrar of such district, to the Senior Marriage Registrar.
Procedure on receipt of notice
On receipt the Marriage Registrar (or Senior Registrar) affixes the notice in his office and circulates copies to every other Registrar in the district for similar publication.
Procedure on receipt of notice.—The Marriage Registrar or Senior Marriage Registrar, as the case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in the same district, who shall likewise publish the same in the manner above directed.
Issue of certificate of notice given and declaration made; Proviso
Minister issues a certificate after the §18 declaration is made — but not within four days of receiving notice, not where an impediment is shown and not where issuance has been validly forbidden.
Issue of certificate of notice given and declaration made.—Any Minister of Religion consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage making the declaration herein after required, issue under his hand a certificate of such notice having been given and of such declaration having been made:
Proviso.—Provided— (1) that no such certificate shall be issued until the expiration of four days after the date of the receipt of the notice by such Minister; (2) that no lawful impediment be shown to his satisfaction why such certificate should not issue; and (3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf.
Declaration before issue of certificate
Before issuing the certificate, the Minister must take a personal declaration that there is no impediment of kindred, affinity or other lawful hindrance — and, if either party is a minor, that the required consent has been obtained or no consenting authority is resident in India.
Declaration before issue of certificate.—The certificate mentioned in section 17 shall not be issued until one of the persons intending marriage has appeared personally before the Minister and made a solemn declaration— (a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, And, when either or both of the parties is or are a minor or minors, (b) that the consent or consents required by law has or have been obtained thereto, or that there is no person resident in India having authority to give such consent, as the case may be.
Consent of father, or guardian, or mother
For minors: father (if living) consents; if dead, the guardian; if no guardian, the mother. Consent is mandatory unless no authorised person is resident in India.
Consent of father, or guardian, or mother.—The father, if living, of any minor, or, if the father be dead the guardian of the person of such minor, and, in case there be no such guardian, then the mother of such minor, may give consent to the minor's marriage, and such consent is hereby required for the same marriage, unless no person authorized to give such consent be resident in India.
Power to prohibit by notice issue of certificate
Any §19 consenting authority may, before issuance, prohibit the certificate by written signed notice to the Minister stating name, address and the relationship justifying the prohibition.
Power to prohibit by notice issue of certificate.—Every person whose consent to a marriage is required under section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so authorized with his or her name and place of abode and position with respect to either of the persons intending marriage, by reason of which he or she is so authorized as aforesaid.
Procedure on receipt of notice
On receiving a prohibition, the Minister must withhold the certificate and the marriage until he is satisfied that the objector has no lawful authority, or the notice is withdrawn.
Procedure on receipt of notice.—If any such notice be received by such Minister, he shall not issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such prohibition, or until the said notice is withdrawn by the person who gave it.
Issue of certificate in case of minority
When a party is a minor and the Minister is not satisfied that §19 consent exists, the certificate must be withheld for at least fourteen days after receiving the notice.
Issue of certificate in case of minority.—When either of the persons intending marriage is a minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration of fourteen days after the receipt by him of the notice of marriage.
Issue of certificates to Indian Christians
Before issuing a certificate to an Indian Christian, the Minister must check the party understands the notice/certificate, and translate it into a language he understands if not.
Issue of certificates to Indian Christians.—When any Indian Christians about to be married takes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under section 17, such Minister shall, before issuing the certificate, ascertain whether such Indian Christians is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall translate or cause to be translated the notice or certificate to such Indian Christian into some language which he understands.
Form of certificate
The certificate must follow Schedule II to the Act or use a form to the like effect.
Form of certificate.—The certificate to be issued by such Minister shall be in the form contained in the Second Schedule hereto annexed, or to the like effect.
Solemnization of marriage
After certificate issuance the marriage may be solemnised in such form/ceremony as the Minister thinks fit, but at least two witnesses (besides the Minister) must be present.
Solemnization of marriage.—After the issue of the certificate by the Minister, marriage may be solemnized between the persons therein described according to such form or ceremony as the Minister thinks fit to adopt: Provided that the marriage be solemnized in the presence of at least two witnesses besides the Minister.
Certificate void if marriage not solemnized within two months
Certificate (and all proceedings on it) is void if the marriage is not solemnised within two months; a fresh notice and certificate must then be obtained.
Certificate void if marriage not solemnized within two months.—Whenever a marriage is not solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such certificate and all proceedings (if any) thereon shall be void, and no person shall proceed to solemnize the said marriage until new notice has been given and a certificate thereof issued in manner aforesaid.